The FDA Excuse: Medical Malpractice Proposals Give Drug Companies a Pass for Selling Dangerous Products

Immunity for Drug Companies A series of medical malpractice bills proposed by the Bush Administration in the 108th Congress?H.R.5, H.R. 4280, S. 11, S. 2061, and S. 2207?included provisions giving drug companies immunity from punitive damages. Those bills provided that any drug or medical device approved by the FDA would not be subject to punitive damage awards unless the company flat out lied to the FDA or bribed an official. They also dangerously extended such immunity to those drugs and devices that are not FDA-approved, yet are "generally recognized as safe and effective," and to products that comply with bureaucratic packaging regulations. http://atla.org/ConsumerMediaResources/Tier3/press_room/FACTS/products/FDAExcuse.aspx